Patna High Court
Dinanath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to surrender within eight weeks and compliance with the stipulated bail bond and surety conditions.
Summary
The petitioner, Dinanath Sah, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging he assaulted the complainant with a "Farsa" causing a simple head injury. The FIR was lodged after a delay of one month and three days with no satisfactory explanation, and the petitioner asserted a clean antecedent. The State opposed bail. The Court considered the unexplained delay in filing the FIR, the minor nature of the injury, and the petitioner’s clean record, and consequently ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties of equal amount, and complies with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted despite the delay in lodging the FIR and the nature of the alleged offences.
- Whether the petitioner’s clean antecedent and the minor injury justify bail.
- Whether conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are appropriate for bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 124, 125(2), 127(1), 127(2), 188, 191, 303, 308(3), 308(5)
Subjects
- bail
- delay in FIR
- clean antecedent
- assault
- criminal procedure
- section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89776 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- SATHI District- West Champaran
======================================================
Dinanath Sah S/o Late Kanhaiya Sah R/o Village- Singhpur, P.S- Sathi, Dist-
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Mr. Sitesh Kashyap and Mr.
Raushan Raj, Advocates
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 124, 188, 191, 125(2),
127(1), 127(2), 115(2), 303, 109, 308(3), 308(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per F.I.R., this petitioner is alleged to have
assaulted on the head of complainant/informant by means of
Farsa. Doctor has found the injury simple in nature. F.I.R. has
been lodged after a delay of one month & three days and there is
no plausible explanation of delay. Petitioner claims clean
antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.89776 of 2025(2) dt.15-01-2026
2/2
5. Considering the delay in lodging the case, nature of
injury and clean antecedent, let the above named petitioner, in
the event of arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of learned J.M. 1st Class, Bettiah, West
Champaran in connection with Sathi P.S. Case No. 174 of 2025,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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